Consideration of the Education and Inspections Bill continued in Standing Committee of the House of Commons this week, where clauses 5 to 8 were debated:

• The duty on local education authorities to appoint a school improvement partner in relation to each maintained school they maintain to provide advice to the governing body and the head teacher with a view to improving standards at the school (clause 5)

• The duty on local education authorities to secure that there are adequate facilities for recreation and social and physical training for children under 13 in their area (clause 6)

• The duty to local education authorities to secure, as far as reasonably practicable, that young people between the ages of 13 and 19[1] have access to sufficient educational leisure-time activities for their well-being and facilities in which to carry them out (clause 6)

• The competition process for the establishment of new schools (clause 7)

• The arrangements for consultation on and publicity for notices under this competition process (clause 8)

The CES has made representations to Ministers about the desirability of school improvement partners (“SIPs”) being appointed in relation to Catholic voluntary aided schools having specific recent leadership experience in the Catholic voluntary aided sector. As noted in a previous Bulletin, it is essential that SIPs are fully aware of the legal differences between voluntary aided schools and other parts of the maintained sector, and are both sympathetic to the Catholic ethos and understand how it may be developed and strengthened. The CES continues to discuss these issues with officials with a view to ensuring any guidance published reflects these needs.

Any head teachers or governors who wish to share their experiences of the school improvement partner system to date are asked to email general @cesew.org.uk

Readers of this Weekly Bulletin should be aware that Standing Committee is only an early stage of consideration of the Bill and that it is still to be debated in both Houses of Parliament. Stakeholders’ views are invited throughout the passage of the Bill.

Education and Inspections Bill Briefing Bulletin

w/c 24^th (24 – 28) April 2006

The House of Commons Standing Committee this week made far quicker progress, considering 24 clauses of the Bill. They included:

• Clauses 9 – 13 which deal with aspects of the establishment of new schools

• Clauses 14 – 16 which deal with the discontinuance (closure) of schools

• Clauses 17 – 22 which deal with some aspects of alterations to schools

• Clauses 23 – 25 which deal with the removal of foundation governors  or a reduction in the number of foundation governors in foundation schools (not voluntary aided schools)

• Clause 27 which abolishes school organisation committees

• Clauses 31 – 32 which make further provision in respect of foundation schools, including ‘Trust Schools’

• Clause 33 which seeks to define the meaning of “capital expenditure” for the purpose of funding voluntary aided schools

• Clause 34 (and Schedule 4) which relates to disposals and changes of use of land by foundation and voluntary aided schools

• Clause 35 which extends the general duties of a governing body of a maintained school

Clause 27:

The CES is concerned that the abolition of school organisation committees represents a significant loss of voice for the sector and has expressed its anxiety directly to Ministers and to officials over several months. It is clear that the Government is committed to this policy and the CES is therefore in discussion with officials to secure the ability of dioceses to contribute to the strategic planning of school provision in different ways.

Clause 32:

This clause introduces mandatory parent councils for certain types of foundation school with the remit to “advise the governing body on matters relating to the conduct of the school and the exercise by the governing body of their powers” to provide community facilities. The CES considers the role of the parent in the home-school relationship to be crucial but has queried with officials the necessity of this step. Whilst it clearly does not affect voluntary aided schools at present, the CES intends to review evidence about the effectiveness of these parent councils as it emerges.

Clause 33:

This clause amends Part 2 of Schedule 3 to the Schools Standards and Framework Act 1998 by inserting a new definition of capital expenditure.

The intention is to ‘simplify’ the definition of ‘capital expenditure’ to bring VA schools into line with community schools.  CES are continuing to monitor with colleagues from the VA sector, this clause which is the chosen framework to permit PFI procurement to be funded through a revenue stream generated by PFI credits

Clause 34:

This clause and the related schedule are of significant concern and the CES continues to work closely with the Church of England and officials to secure trustees’ assets and their rights in relation to them.   The position will be clearer when the Committee has considered the terms of Schedule 4 to the Bill which puts the provisions into effect.  The discussions with the Church of England and DfES are concerned with amendments to be made in the House of Lords and the terms of the Guidance to be issued to Schools Adjudicators

Clause 35:

Governors of Catholic voluntary aided schools will want to be aware that the Bill proposes to extend their duties by requiring them to have regard to any relevant children and young person’s plan in discharging their functions. Whilst this clearly will place a new statutory requirement on governing bodies the CES supports what represents best and usual practice in any event.

Highlights of CES Activity This Week

The CES met Ministers and officials with the Church of England this week to discuss sensitive issues relating to school admissions and make final representations after conducting further informal consultation with diocesan representatives hours before the draft skeleton code was released.

The draft skeleton Code reflects Government’s understanding of the Catholic voluntary aided sector’s concerns and needs but nevertheless presents some significant challenges. The Code will be amended further before it is published for consultation and the CES will continue to make representations on crucial areas of guidance. Comments from stakeholders are always welcomed and should be sent to general@ cesew.org.uk

The CES also had lengthy discussions with officials developing a pilot initiative to test choice advice with a view to improving social mobility between feeder primary schools and top performing secondary schools and continued to make representations about home to school transport.

Communication between the CES and the DfES also continued in relation to capital issues.

Readers of this Weekly Bulletin should be aware that Standing Committee is only an early stage of consideration of the Bill and that it is still to be debated in both Houses of Parliament. Stakeholders’ views are invited throughout the passage of the Bill.

Education and Inspections Bill Briefing Bulletin

w/c 1^st May (2 – 5) 2006

The House of Commons Standing Committee this week again made slow progress, meeting on only one day, when members considered seven clauses of the Bill. However, this was an important week for Catholic education as these clauses comprise the majority of the Bill’s provisions on school admissions.

Specifically, these clauses provide for:

• A general restriction on selection by ability (clause 36)

• A new Code for school admissions (clause 37)

• The role of admission forums (clause 38)

• A duty on local education authorities to provide advice and assistance for parents in making admissions decisions

• A prohibition on interviews

• Restrictions on the alteration of admission arrangements

• Objections  to admissions arrangements

Highlights of CES Activity

The CES has been in regular contact with DfES officials and ministers on the subject of school admissions since last summer, before consultation on the last draft Code of Practice on School Admissions and the needs of the Catholic voluntary aided sector appear to be well understood.

As last week’s bulletin explained, the CES met Ministers and officials a few days before the draft skeleton code was released to discuss sensitive issues and make final representations after conducting further informal consultation with diocesan representatives.  See last week’s Bulletin for further comment.

The CES continues to restate the bishops’ view that interviews should not form part of the admission process to voluntary aided schools.

The CES has also continued this week to work towards the Catholic sector’s involvement in pilot initiatives on choice advice and to vigorously pursue arguments in relation to capital strategy and, ancillary to the Bill, the rights of trustees in large federations.

Readers of this Weekly Bulletin should be aware that Standing Committee is only an early stage of consideration of the Bill and that it is still to be debated in both Houses of Parliament. Stakeholders’ views are invited throughout the passage of the Bill.